How Do I Request Asylum in the US After Title 42?

Learn about some of the changes in the asylum request process associated with Title 42.

There are judges in certain States of the United States who approve from 2% to 3% of asylum requests, and there are factors that are being taken into account.

Asylum for immigrants coming from Mexico is hard to get. If you try to submit an asylum request in a city like El Paso (TX), the possibility of winning this type of case can be from 2% to 1%. These are cases that, generally, are hard to win, mainly when is about people whose country of origin is Mexico.

It is not that way for people coming from other countries. For instance, talking about Cuba and Venezuela, immigration officers are more likely to approve these cases.

Where can you most easily win an asylum case?

There are jurisdictions where is easier to win an asylum case. For instance, New York can be more likely to approve one of these cases.

There can be the possibility to win an asylum case in a State like Texas. That’s the first thing to consider. On the other hand, there are factors to take into account. Asylum requests for people coming from Mexico, Guatemala, and Honduras can be hard cases to win. The difficulty to win a case also depends on the ideology of the jurisdiction where the request is submitted.

Being in a more free jurisdiction and open to the idea of providing asylum, can higher the success possibilities (3% – 5%).

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If being in Court for an asylum case, it is recommended to consult with an immigration lawyer who focuses on this type of case, given that they are hard to win.

Now, after Title 42, it’s harder to seek asylum. At this point, when requesting asylum in order to enter the US, a credible fear interview must be undergone.

Under Tite 42 process, there are rules that make the asylum-seeking process more difficult. Changes are not necessarily noble changes that will facilitate the process of seeking asylum.

Regarding the first interview associated with an asylum case, the credible fear interview, before the interview, reasons for seeking asylum must be presented.

Some common reasons for seeking asylum are based on social groups. For instance, for people suffering domestic violence in their home country, where police enforcement won’t help them and have nowhere to go in order to be safe. Also for people who are threatened by gangsters, who live in places where police enforcement can’t guarantee protection.

The credible fear interview process used to consist in presenting something that the officer didn’t consider a lie. Afterward, the right to seek asylum would or not be consented to. That’s the process that existed before.

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Now, the process is different. The credible fear interview still needs to be undergone, however, now the fear must also be reasonable. There must be evidence supporting the reason why needing to enter the US. This can difficult the process since a big part of those seeking asylum might not have evidence for the nature of their cases.

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For instance, if someone is abandoning his/her country due to his/her spouse being violent and the police enforcement fails to provide protection, this person might not have evidence supporting why he/she is leaving the country. Or if gangsters were threatening him/her, he/she tried to get help from police enforcement and did not receive any.

What can be done in this type of situation under the new asylum-seeking rules, and to pass the credible fear interview?

Evidence of the reason for seeking asylum must be presented. Now, the requester’s testimony alone is not enough. It’s not enough to provide all the details regarding the situation, but proofs need on why is the asylum being sought.

Reason for which, if the asylum seeker is a woman and seeks asylum based on domestic violence, now this must be demonstrated with evidence.

The dilemma is in:

• How to demonstrate with police reports if the seeker’s home-country police enforcement isn’t helping?
• How to demonstrate to have tried to make a police report if when showing up at the police department, their response was that the situation should be solved internally?
• How to demonstrate threats from gangsters if they were spoken and there are no records whatsoever?

This can significantly difficult to pass the first part of the asylum-seeking test.

Those people trying to enter the US through asylum seeking must demonstrate with evidence their reasons.

Another change that can affect people seeking asylum in the US is that there can be no longer sought asylum in the US if went through other countries on the way to reach the US. For instance, if the asylum-seeker is coming from El Salvador and passes by Mexico, he/she must demonstrate to have sought asylum first in Mexico before seeking asylum in the US.

If you are undergoing the asylum-seeking process, or if you are already on your way to the US, it is recommended to consult with an immigration lawyer before arriving in the US. This way, you will be able to get a good preparation for the asylum request in terms of evidence for the credible fear interview, since it’s an important step.